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HomeMy WebLinkAbout01-10-83 Council Meeting MinutesREGULAR MEETING JANUARY 10,1983 C1 f Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, January 10, 1983, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Szymkowiak Beck, Taylor, Zielinski, Crone, Harris, Voorde and McGann Absent: Council Member Serge SPECIAL BUSINESS Council Member Zielinski made a motion to appoint Roman Piasecki as a Redevelopment Commissioner, seconded by Council Member Szymkowiak. The motion carried. Council Member Harris made a motion to appoint Peter Donaldson a Redevelopment Commissioner, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to appoint Isadore Rosenfeld to the Human Rights Commission, seconded by Council Member McGann. REPORTS Council Member Taylor indicated that the Human Resources Committee had met regarding bills 154 and 155 -82 and recommended them favorable. Council Member Harris indicated that the Public Safety Committee had met regarding Bill No. 151 -82 and recommended it favorable. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Zielinski. The motion carried. COMMITTEE "OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on January 10, 1983, at 7:04 p.m., with eight members present. Chairman Zielinski presiding. BILL NO. 115 -82 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, - CHAPTER 21, MUNICIPAL-CODE) (4100 S.:MAIN) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. David Behr, a representive of Area Plan, indicated their Commission had recommended this rezoning favorable. Joan Sporeleader, 205 W. Pride, made the presentation for the bill. She indicated this rezoning was necessary in order to erect a building which will be used as Republican Headquarters. She indicated this would be a 2,500 square foot building which would conform with the surrounding neighborhood. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 137 -82 A BILL FIXING THE 1984 SALARIES PAYABLE FROM THE GENERAL FUND, FOR OFFICERS OF THE CITY OF SOUTH BEND TO BE-ELECTED FOR THE TERM COMMENCING JANUARY 1, 1984, AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Taylor made the presentation for the bill. He indicated that previously the Council had to set salaries of elected officals for the, next four years, however, now according to Home Rule the Council may consider salaries on an annual basis. He indicated this bill would freeze the salaries of elected officials,for a period of one year. During the discussion regarding salaries, Council Members Szymkowiak, McGann and Crone elected to freeze their 1983 salaries at the 1982 level. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried on a roll call vote of six ayes and two nays (Council Members Szymkowiak and Voorde.) BILL NO. 151 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING SECTION 4 -20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS AUTOMOTIVE REPAIR AND SERVICE CENTERS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathy Barnard, Director of Code Enforcement, made the presentation for the bill. She indicated that the bill should be amended by substitution of file with the City Clerk. Council Member McGann made a motion to accept the substitute bill, seconded by Council Member Taylor. The motion carried. She indicated this bill amends the previously passed licensing ordinance 6 REGULAR MEETING JANUARY 10, 1983 and will require fencing only in those areas of the auto service centers where vehicles are stored outside of a building. She indicated that sections of the ordinance that refer to the repair of vehicles on vacant lots and which prohibit the repair of vehicles other than those owned by the resident or his family have been eliminated. The changes that are proposed will help clarify the licensing requirements for auto service centers. John Peddycord, attorney representing the auto service centers of Indiana, spoke against -this bill. Carl Comstock, executive director of the Automobile Service Centers of Indiana, indicated there were some serious problems with this bill. Doug Coltens, owner of Superior Brake, spoke against this bill. Council Member McGann made a motion to recess, seconded by Council Member Beck. The motion carried and the meeting was recessed at 8:00 p.m., and reconvened at 8:12 p.m. Kathy Barnard indicated that many hours have been spent on this bill. She indicated that they have completed 104 inspecti and only 11 businesses require fencing. Council Member Szymkowiak made motion to recommend this bill to the Council favorable, seconded by Council Member Crone. The motion carried. BILL NO. 153 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS ALLEYS WITHIN THE OLIVE - SAMPLE STREET OVERPASS PROJECT AREA LYING NORTH OF SAMPLE STREET, SOUTH OF FORD STREET, EAST OF BENDIX STREET AND WEST OF PHILLIPA STREET. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Bob Richardson, County Engineer, made the presentation for the bill. He indicated the bill should be amended by substituti, on file with the City Clerk. Council Member Taylor made,a motion to amend this bill, seconded by Council Member Beck. The motion carried. He indicated these vacations were necessary because of the building of the Olive- Sample Overpass. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Beck. The motion carried. BILL NO. 154 -82 A BILL APPROPRIATING $93,500 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF COMPLETING AND EXPANDING CERTAIN CURRENT PROJECT ACTIVITIES, AND INITIATING NEW PROJECT ACTIVITY. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Colleen Rosenfeld, Director of Community Development, made the presentation for the bill. She indicated the bill should be amended by changing Project No. CD 82 -113 to CD 82 -605 and CD 82 -110 to CD 75 -82 -110. Council Member Crone made a motion to amend this bill, seconded by Council Member Taylor. The motion carried. She indicated the East Bank Development activity requires $50,000 to complete scheduled activities. She indicated that Southold had recently received a grant and the Community Developments funds will supplement the grant. She indicated they were requesting $30,000 to continue and expand the South Bend Home Improvement Loan Program. Council Member Crone made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 155 -82 A BILL APPROPRIATING $27,000.00 FROM THE LOCAL EQUAL HOUSING OPPORTUNITY FUND TO _BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Johnson, Director of Human Rights, made the presentation for the bill. He indicated they had received a grant from HUD, to assist in the development of a strong program designed to promote equal housing opportunities in South Bend. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council member Beck. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Beck. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: Ch rman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:32 p.m. Council President Beck presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 7153 -83 AN ORDINANCE AMENDING ORDINANCE N0. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF.THE CITY OF SOUTH BEND, INDIANA, (CHAPTER 21, MUNICIPAL CODE) (4100 S. MAIN.) zl ? REGULAR MEETING JANUARY 10, 1983 This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zielinski. The bill passed by a roll call vote eight ayes. ORDINANCE NO. 7154 -83 AN ORDINANCE FIXING THE 1984 SALARIES PAYABLE FROM THE GENERAL FUND, FOR OFFICERS OF THE CITY OF SOUTH BEND TO BE ELECTED FOR THE TERM COMMENCING JANUARY 1, 1984, AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zielinski. The bill passed by a roll call vote seven ayes and one nay (Council Member Voorde.) ORDINANCE NO. 7155 -83 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING SECTION 4 -20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS AUTOMOTIVE REPAIR AND SERVICE CENTERS. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zielinski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7156 -83 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS ALLEYS WITHIN THE OLIVE - SAMPLE STREET OVERPASS PROJECT AREA LYING NORTH OF SAMPLE STREET, SOUTH OF FORD STREET, EAST OF BENDIX STREET AND WEST OF PHILLIPA STREET. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zielinski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Zielinski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7157 -83 AN ORDINANCE APPROPRIATING $93,500 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF COMPLETING AND EXPANDING CERTAIN CURRENT PROJECT ACTIVITIES, AND INITIATING NEW PROJECT ACTIVITY. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Zielinski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Zielinski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7158 -83 AN ORDINANCE APPROPRIATING $27,000.00 FROM THE LOCAL EQUAL HOUSING OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Zielinski. The bill passed by a roll call vote eight ayes. RESOLUTIONS RESOLUTION NO. 1020 -83 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1JU1 HIGH STREET TO BE AN URBAN DEVELOPMENT AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT AND A DETER_MINAT OF THE PUBLIC UTILITY AND tSli;NJ;l!'1'1' Vr 1nJ, rnvtll,t L r1tVrVOr.L P'VK TL•i2i AtSAl'I;LYLGN J.' I,VN.71Lr,1(H1'1VLV . WHEREAS, the Common Council or South Bena nas aauyueu d LetrlaLat.vLy 1�tr�V1uL1V11 designating ceLLdlii dted5 W1L11111 Lile %-11LY d5 ULLd11 LeVC1Vr1t1WL1L rsl.ecta LVL rULjJVbCb VL tax abatement consideration; and WHEREAS, a Declaratory Resolution aesignaL111g Llle dLea UVnutwlli,y n11VW11 as 1JUZ. High Street a11d 111Vre YdLLl(:U1dLty UCSC:t1ueU wy d 11110 ULaWlt db 1U.L1VWb.- A lot or parcel or land in the North East uuarLeL UL aeuL.LU11 Jr 111 LVW11D111jJ "U. J/ NOrtn, rcange 1VV. L LUdSL, i1VW WIL11111 d11U YaLL VL 1.110 %,lt.Y UL OVU1.11 MU11U, bounced by a line running as rollows, viz: Deg111I1111g al. a PV1114- LJ / .OJ LCCL east of Lile Zd5t _Lille UL 111911 OLLeeL 011U G'tJ.OJ LV'WU OVULLI VL Lile OVUt.li 1Llie UL Pennsylvania Avenue in the ulty or South Bena (which is the Southeast corner or a traeL UL 1ct119A 11CLeLULVLe 1:V11VeyeU 1.V Llle L11UUb'CL_La1 Lanvas Yroaucts Corporation by a deed dated July , 1944); thence East a distance or 155 reet, more or less, in line with the South line or said real estate heretofore conveyed to Industrial Canvas Products Corporation, to the West line or a public alley; thence North along the West line or said public alley to the South line of said Pennsylvania Avenue; thence Northwesterly and Westerly along the South line or said Pennsylvania Avenue to the point where it intersects the East line of said High Street; thence South along the East line of said High Street a distance of 55.85 feet; thence REGULAR MEETING JANUARY 10, 1983 East parallel with the South line of said Pennsylvania Avenue a distance of 237.85 feet; thence South to the place of beginning; also the right to use for alley purposes, the alley way as presently existing on the North and on the East of the building presently situate on said real estate heretofore conveyed to Industrial Canvas Products Corporation; also subject to the rights of the successors and assigns of the aforesaid Industrial Canvas Products Company to use for alley, purposes, all that part of the alley way aforesaid which is on the real estate above described. Also, the West one -half (1/2) of a 14 foot vacated alley way extending North and South along the East boundary of the above described real estate subject to a grant of easement to the City of South Bend, Indiana, dated June 18, 1968, and recorded January 2, 1969, in Deed Record 709 pages 402 -403 is an Urban Development Area; and WAREAS, the Area Plan Commission has submitted to the Council its written order - approving for the Declaratory Resolution to the Council; and WHEREAS, notice of the adoption of a Declaratory Resolution and public hearing for the purposes of hearing persons in favor of the proposed pro -ject and those remostrator who were opposed to the proposed project; and WHEREAS, the Council has determined the public utility and benefit of the project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council hereby confirms its Declaratory_ Resolution designating the area described herein as an ;Urban Development Area for purposes of tax abatement consideration and confirm its determination of the project's public utility and benefit. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Jon Hunt, Director of Redevelopment, indicated this was a reaffirmation of a declaratory resolution passed in November. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION A RESOLUTION DECLARING THE GENERAL ATTITUDES AND INTENTIONS OF THE COMMON COUNCIL OF AND THE REDEVELOPMENT COMMISSION OF THE CITY OF SOUTH BEND RELATING TO THE GRANTING OF-TAX ABATEMENT AND THE DESIGNATION OF A TAX ABATEMENT IMPACT AREA. A public hearing was held on the resolution at this time. Jon Hunt, Director of Redevelopment, indicated this resolution designates all vacant land in Phase III of the airport Industrial Park as a tax abatement impact area. Howard Bessire, executive director of the Industrial Foundation, asked that this resolution be amended to give abatement to all five phases of the Industrial Park. Patrick McMahon, Patrick McMahon, Dirctor of Project Future, Indicated that he supported tax abatement for all five phases of the Industrial Park. Council Member Taylor made a motion to continue public hearing on this bill, seconded by Council Member Voorde. The motion carried. RESOLUTION NO. 1021 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF LICENSE RENEWALS FOR SCRAP AND JUNK DEALERS FOR THE CALENDAR YEAR 1983. WHEREAS, the Common Council of the City of South Bend recognizes the constributions that recycling operations such as junk and scrap yards make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap and junk yards within the city; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap and junk dealers; and WHEREAS, in accordance with these rules and regulations, inspections of the scrap and junk yards have been completed by the Neighborhood Code Enforcement Office and the Fire Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such a business; and WHEREAS, the Board of Public Works, at its meetings held on December 28, 1982 and January 10, 1983, recommended the renewal of licenses for the various scrap and junk dealers in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, indiana, as follows: REGULAR MEETING JANUARY 10, 1983 SECTION 1. That the license renewal applications for the following scrap and junk dealers be approved based upon the satisfactory review of the properties by the Neighborhood Code Enforcement Office and the Fire Prevention Bureau as of inspections made in December, 1982, and subsequent inspections made by these agencies, and subsequent favorable recommendation by the Board of Public Works: Herbert Alpern -Max Schneider Co. A -1 Auto Parts Hurwich Iron Co. Hurwich Iron Co. Indiana Iron & Metal South Bend Auto Parts South Bend Baling & Iron Co. South Bend Iron & Metal South Bend Waste Paper Co. Steve & Gene's Auto Truck Salvage North Side Iron & Paper Western Avenue Iron & Metal Metal Resources Metal Resources Weaver Truck & Equipment Hurwich Iron Co. Super Auto Salvage S. Main Auto Parts 429 W. Indiana 2014 S. Lafayette 2016 W. Washington 1700 S. Lafayette 1602 S. Lafayette 307 W. Calvert 1420 S. Walnut 429 W. Indiana 1519 S. Franklin 3109 S. Gertrude 3123 S. Gertrude 3123 S. Gertrude 3113 S. Gertrude 1147 Prairie Ave. 3700 Gertrude 1610 Circle Ave. 3300 S. Main 1819 S. Main Copies of the Board of Public Works Resolution No.'s 31, 1982 and No. 1, 1983 are attached hereto and incorporated herein. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Kathy Barnard, Director of Code Enforcement, indicated the resolution should be amended. Council Member Voorde made a motion to amend this bill in fourth paragraph after December 28, 1982, add "and January 10, 1983 "; in Section I after 1982 add "and subsequent inspections made by these agencies "; in Section I add Hurwich Iron, 1610 Circle, Super Auto Salvage, 3300 S.Main, South Main Auto Parts, 1819 S. Main; Add a new paragraph to read "Copies of Board of Works Resolution No's 31, 1982 and No. 1, 1983 which are attached hereto and incorporated herein, seconded by Council Member Taylor. The motion carried. Kathy Barnard indicated all these yards had passed the required inspections. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1022 -83 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING AMENDMENTS TO THE URBAN RENEWAL PLAN FOR THE CENTRAL DOWNTOWN URBAN RENEWAL PROJECT, INDIANA R -66 WHEREAS, The City of South Bend Red to the Redevelopment of Cities and Towns has conducted surveys and investigations City of South Bend, County of St. Joseph Urban Renewal Project, Indiana R -66 (the described by a line drawn as follows: evelopment Commission ( "Commission "), pursuant Act of 1953, as amended (36 -7 -14) (the "Act "), and has thoroughly studied the area in the State of Indiana, known as the Central Downtown "Area "), which Area is more particularly A Parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning at a point formed by the intersection of the north right -of -way line of LaSalle Avenue and the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the north right -of -way line of Washington Street; thence west along the north right -of -way line of Washington Street to the west right -of -way line of Lafayette Boulevard; thence south along the west right -of -way line of Lafayette Boulevard to the south right -of -way line of Jefferson Boulevard; thence east along the south right -of -way line of Jefferson Boulevard to the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street to the west right -of -way line of Fellows Street; thence south along the west right -of -way line of Fellows Street to the south right -of- way line of Monroe Street; thence east along the south right -of -way line of Monroe Street and proceeding in a northeasterly direction along said right -of- way to the center of the St. Joseph River ; thence proceeding in a northwesterly . direction along the center of the St. Joseph River to the north right -of -way line of LaSalle Avenue; thence west along the north right -of -way line of LaSalleAven to the west right -of -way line of Main Street, which is the point of beginning, all in the City of South Bend, St. Joseph County, State of Indiana (herein called the "Project Area "). WHEREAS, the Commission has made detailed studies of the location, physical condition of structures, land use, environmental influences, and the social, cultural, and economic conditions of the Area and has determined that the Area is a blighted area and that it constitutes a menance to the social and economic interests of the City of South Bend and its inhabitants and it would be of public utility and benefit to acquire real estate in such Area and redevelop the Area under the provisions of the Act; and 6Fr• fL 4 REGULAR MEETING JANUARY 10, 1983 WHEREAS, the Commission approved an urban Renwal Plan ( "Plan ") for the Area on April 41- 1968 and has previously amended said Plan on July 16, 1973, May 7, 1976, August 12, 1977, April 17, 1978, and August 8, 1980; and WHEREAS, the Commission has adopted its Declaratory Resolution No. 668 on November 19, 1982, declaring the Area to be blighted and amending the Plan for "Area C" and Area F ", which Resolution and revised pages are attached hereto and submitted to the Common Council for review and approval; and WHEREAS, the Area Plan Commission of St. Joseph County, Indiana which is the duly designated and acting official planning body for the City of South Bend, has ' issued its written order approving said Declaratory Resolution and the Plan, as amended, and has certified that said Plan, as amended, conforms to the master plan of development for the City of South Bend; and WHEREAS, the Common Council is cognizant of the conditions that are imposed under Title VI of the Civil Rights Act of 1964, as amended, providing that no person shall, on the grounds of race, age, sex, color, religion, or natural origin, be-excluded from participation in, be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of any federally - assisted projects. NOW, THEREFORE, BE IT RESOLVED by-the Common Council of the City of South Bend: 1. That it is hereby found and determined that the area is a blighted area and qualifies as an eligible project area under the Act. 2. That it is hereby found and determined that the objectivies of the Plan, as amended, cannot be achieved through more extensive rehabilitation of the Area. 3. That it Area conforms to 4. That it Area will afford South Bend as a concert -with the is hereby found and determined the master plan of development is hereby found and determined maximum opportunity, consisten whole, for the redevelopment of Department. that the Plan, as amended, for the for the City of South Bend. that the Plan, as amended, for the t with the sound needs of the City of the Area by private enterprise in 5. That it is hereby found and determined that the Plan, as amended, for the Area gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvements, with special considerat for the health, safety, and welfare of children residing in the general vicinity of the Area. 6. That the Declaratory Resolution of the Commission and the Plan, as amended, are hereby in all respects approved. 7. That, in order to implement and facilitate the Plan hereby approved, it is found and determined that certain official action must be taken by the City of South Bend with reference, among other things, to changes in zoning, vacation and removal of streets, alleys and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public actions, and accordingly the Common Council hereby (a) pledges its cooperat in helping to carry out such Plan; (b) requests the various officials, departments, boards and agencies of the City of South Bend having administrative responsibilities to likewise cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Plan, as amended. 8. That the United States of America, and hereby is assured of full compliance by the City of South Bend with provisions of title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Development effectuating that title. 9. That this Resolutin shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. Jon Hunt, Dirctor of Redevel indicated this amendment to the land use plan for the downtown are related to two areas; Area C is being amended to accomodate the TRANSPO facility at Jefferson and Main, and Area F is to allow for mixed -used development at the former Quality Inn. John Ford, attorney representing the Saint Joseph's Tower, spoke in favor of this bill. Mike McFarland, 1730 O'Brien, spoke against this reution. Elizabeth DeWinter, of Haircrafter,s, which is located in the Quality Inn, asked that they be allowed to relocated with as little disruption as possible. Council Member Voorde made a motion to adopt this resolution, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 1023 -83 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM VARIUS FUNDS TO VARIUS FUNDS. WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA. Lon t, REGULAR MEETING JANUARY 10, 1983 WHEREAS, a necessity exists to provide funds for the Corporation General, Park Maintenance, Police Pension, Fire Pension, Human Relations Fund prior to the receipts of taxes in the year 1983 in order to meet the current operating expenses of the City, provided for in the budget and appropriation adopted for the year 1983 which expenses must be met prior to the receipts of taxes and other revenues in the year 1983; and WHEREAS, there are monies on deposit to the credit of various funds of the City, to wit: Cumulative Sewer Building and Sinking, Sewage Works Sinking, Sewage Works Depreciation, Water Works Depreciation, Cumulative Capital Improvement, Sewers Repair, and Liability Insurance and Reserve Funds which can be temporarily advanced or transferred to the various funds already mentioned; and WHEREAS, Indiana Code 36 -1 -8 -4 authorizes the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such funds, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $4,605,000.00 to various funds from various other funds as listed below. The aggregate amount of $4,605,000.00 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1983. FROM: MAXIMUM Cumulative Sewer Building & Sinking Fund Sewage Works Sinking Fund Sewage Works Deprec. Fund Water works Deprec. Fund Cumulative Capital Improve - 300,000 Prac. Sewer Repair Fund Liability In. & Prem. Fund TO: MAXIMUM $1,900,000 Corporate General $3,500,000 850,000 Park Main. Fund 600,000 360,000 Police Pen. Fund 160,000 250,000 Fire Pension 250,000 Human Relations & Fair ment Fund Comm. Fund 5,000 125,000 Cen. Center Oper. Fund 90,000 820,000 $4,605,000 $4,605,000 SECTION II. Such transfer shall be made for a period of time not to extend beyond December 31, 1983, and such funds so transferred shall be returned and repaid to the original funds from which they are transferred. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor. A public hearing was held indicated this resolution monies from various funds Council Member Crone made Zielinski. The motion ca: eight ayes. RESOLUTION NO. 1024 -83 /s/ Beverlie J. Beck Member of the Common Council on the resolution at this time. Joseph Kernan, City Controller, is passed annually to permit the temporary borrowing of to cover operating expenses in various tax supported funds. a motion to adopt this resolution, seconded by Council cried and the resolution was adopted by a roll call vote of A RESOLUTION AUTHORIZING THE CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO INVEST CERTAIN IDLE FUNDS DURING THE YEAR 1983 IN ACCORDANCE WITH IC 6 -13 -1. WHEREAS, there are certain idle funds of the Civil City of South Bend which may be invested for periods of time without affecting the operations of the various departments of the City, and; WHEREAS, IC 5 -13 -1 enables the Controller to invest such idle funds with the approval of the Common Council. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That during the calendar 1983, the Controller or his Chief Deputy invest certain idle funds of the Civil City of South Bend for such periods of time that he determines are not needed for the normal operations of the various departments of the Civil City. 11."_,2 REGULAR MEETING JANUARY 10, 1983 SECTION II. This Resolution shall. .be in full force and effect from and after its passage By —the Common Council and its approval, by the Mayor. is/ Beverlie J. Beck Member of the-Common Council A public hearing was held on the resolution at this time. Joseph Kernan, City Controller, indicated this resolution is passed annually to authorize the investment of idle funds. Council Member Crone made a motion to adopt this resolution, seconded by Council Member Zielinski. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 1 -83 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (3501 E. EDISON ROAD.) This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Voorde. The motion carried. BILL NO. 2 -83 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (1216 W. COLFAX.) This bill had first reading. Council Member Voorde made a motion to refer this bill to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 3 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PART OF THE EAST WEST ALLEY FROM THE EAST RACE TO NILES AVENUE. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading January 24, and refer it to the Zoning and Vacation Committee, seconded by Council Member Zielinski. The motion carried. BILL NO. 4 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST - WEST ALLEY BETWEEN LOTS 33 AND 34 OF THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF SOUTH BEND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading January 24, and refer it to the Zoning and Vacation Committee, seconded by Council Member Crone. The motion carried. BILL NO. 5 -83 A BILL ESTABLISHING A NON - REVERTING "SELF- FUNDED EMPLOYEE BENEFIT FUND." This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading January 24, and refer it to the Personnel and Finance Committee, seconded by Council Member Taylor. The motion carried. ORDINANCE NO. 7159 -83 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 7005 -81 REGULATING FEES CHARGED FOR CERTAIN PUBLIC WORKS TYPE LICENSES AND PERMITS. This bill had first reading. Council Member Voorde made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Crone. The motion carried on a roll call vote of eight ayes. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Kathy Barnard, Director of Code Enforcement, made the presentation for the bill. She indicated this will provide a mechanism for the on -going review of permit fees by the Department of Code Enforcement and the Common Council. Council Member Voorde made a motion to pass this bill, seconded by Council member Harris. The bill passed by a roll call vote of eight ayes. UNFINISHED BUSINESS Report from Area Plan - 615 W. Colfax - Bill No. 125 -83. Council Member Taylor made a motion to refer this bill to the Zoning and Vacation Committee, seconded by Council member Zielinski. The motion carried. Council Member Taylor made a motion to strike the bills and resolutions on file with the City Clerk and presented to the City Council this date, seconded by Council Member Voorde. The motion carried, and the following bills and resolutions were stricken: REGULAR MEETING JANUARY 10, 1983 BILL NO. 52 -80 AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 5, DIVISION 3, SECTION 21 -102 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. BILL NO. 102 -80 AN ORDINANCE" "AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (NW CORNER BOLAND AND BENDIX.) BILL NO. 75 -81 AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 4, OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "BICYCLES ". BILL NO. 122 -81 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: BILL NO. 48 -82 SUNNYMEDE AVENUE FROM THE EAST RIGHT -OF -WAY LINE OF 35TH STRET EAST, FOR A DISTANCE OF 114' (ONE HUNDRED FOURTEEN FEET), ALL BEING IN FERNWOOD ADDITION TO CITY OF SOUTH BEND, BILL NO. 49 -82 ST. JOSPEH COUNTY, INDIANA._ BILL NO. 11 -82 AN ORDINANCE AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 20, ARTICLE 7, ENTITLED SNOW ROUTES. BILL NO. 20 -82 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (416 HOWARD.) BILL NO. 26 -82 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (IRONWOOD RD.) BILL NO. 45 -82 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 2, SECTION 16 -8 OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS REFUSE. BILL NO. 48 -82 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDNIANA (530 E. IRELAND.) BILL NO. 49 -82 AN ORDIAANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (518 N. LAFAYETTE.) RESOLUTION AN INDUCEMENT RESOLUTION RELATING TO THE HABLIN COMPANY, INC., PROJECT. RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING ALL OF THE CITIZENS OF OUR CITY TO VOICE THEIR OPINIONS ON THE NUCLEAR ARMS RACE. PRIVILEGE OF THE FLOOR Arnold Gilman, and Jim Bilinski, of the Allied Insurance Agency, spoke regarding the bids for the City insurance. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member. Voorde. The motion carried and the meeting was adjourned at 9:58 p.m. ATTEST: City Clerk APPROVED: re 1dent